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Via AMUN iN THE DISTRICT COURT OF OKLAHOMA COUNTY
veuenrose STATE OF OKLAHOMA FEB 19 2997
CK
DONNA WHISENHUNT, as Special 40 COURT ARREN
Administratrix of the Estate of
RICKY ALAN WHISENHUNT, Deceased
Case No. CJ-2014-28
Judge Thomas Prince
Plaintiff,
vs.
JOHN MUNNEKE, M_LD., an Individual
INDEPENDENT MEDICAL EXAMINATIONS, LLC;
ee SSS
Defendants.
MOTION FOR APPROVAL OF COMPROMISE SETTLEMENT
COME NOW the parties hereto, showing the Court as follows:
1. The above-captioned matter and cause arises from the death of Ricky Alan
Whisenhunt.
2. The parties have reached a compromise settlement. Plaintiff, Donna
Whisenhunt, and the natural father of Ricky Alan Whisenhunt, Billy Whissenhunt, have
agreed that a certain portion of the settlement should go directly to Ricky Alan
Whisenhunt's son. Per this agreement, $20,715.35 will be paid to minor R.J.W. on
behalf of Defendants by their liability insurance carrier, subject to Court approval.
3. Said proposed compromise settlement on behalf of minor R.J.W. is not to be
construed as an admission of liability on behalf of Defendants, but is made for the
purpose of compromising a disputed claim, in accordance with the agreement of the
parties.4. Upon approval of the compromise settlement by the Court and payment thereof,
the settlement funds will be deposited in a Special Needs Trust for minor R. J. W. The
minor's maternal grandmother, Diana Walker, will act as the trustee.
5. Upon the payment of the settlement amount, Plaintiff and her attomey agree to
file a dismissal with prejudice of this matter and cause, file a receipt of deposit with the
Court, and further execute a release and indemnifying agreement in connection with the
settlement.
6. Donna Whisenhunt, Billy Whisenhunt, Diana Walker, and Aleissa Rodgers,
natural mother of minor R. J. W. each offer sworn testimony of their understanding of
the agreement, and duties under the agreement by Affidavit attached as Exhibits 1-4
hereto.
7. The parties therefore request the settlement terms described be approved and
adopted by the Court as being fair and in the best interest of minor R.J.W.
WHEREFORE, the parties move the Court to determine if said compromise
settlement on behalf of minor, R.J.W., is fair and in said minor's best interest and
thereupon, to approve said compromise settlement.
Respectfully submitted,
Vor
fect
Travis §. Crocker, OBA #22402
117 N. Central
Idabel, OK 74745
Telephone: (580) 286-6636
Facsimile: (580) 286-2163
travis.crocker@hotmail.com
Attorney for PlaintiffSU Crmioly
J. Roger Hurt, OBA #10858
Jacqueline M. McCormick, OBA #31640
PIERCE COUCH HENDRICKSON
BAYSINGER & GREEN, LLP
1109 N. Francis
Oklahoma City, OK 73126-0350
Telephone: 405/235-1611
Facsimile: 405/235-2904
rhurt@piercecouch.com
imecormick@piercecouch.com
Attorneys for DefendantsAFFIDAVIT OF DONNA WHISENHUNT
STATE OF Oklahoma. )
)
COUNTY OF {71° Cartuin )
|, Donna Whisenhunt, of lawful age, state:
ss.
1. Icurrently reside in DeQueen, AR
2. lam the natural mother of Ricky Alan Whisenhunt, who is now deceased.
3. 1am the grandmother of Ricky Alan's son, rw, who currently resides in
Biloxi, Mississippi with his natural mother, Aleissa Rogers.
4. lam the Plaintiff in Donna Whisenhunt, as Special Administratix of the Estate of
Ricky Alan Whisenhunt, Deceased, v. John Munneke, M.D., Case No. CJ-2014-
28, in Oklahoma County District Court, which is a wrongful death case.
5. l understand and agree to the terms of the settlement reached in CJ-2014-28.
6. | understand that under Oklahoma Wrongful Death Statute (12 O.S. § 1053), |
am a beneficiary of the settlement in CJ-2014-28.
7. lunderstand and agree that $20,715.35 of the total settlement will go to a Special
Needs Trust for my grandson, R.J.W..
8. lam in physically poor health and travel is extremely difficult for me.
9. | would like the Court to approve the portion of funds for R.J.W., as | believe it is
in his best interest and consistent with the desires of my son.
FURTHER AFFIANT SAYETH NOT.
Donna Whisenhunt
Subscribed and swom to before me this_} dayof_Fe 2017.
f os
tL runt
Notary Public”
My Commission No.
Expires: SlaneAFFIDAVIT OF BILLY WHISENHUNT
STATE OF_Ok/lghoma. )
)
COUNTY OF _/7?!/yrhin —_)
1, Billy Whisenhunt, of lawful age, state:
ss.
1. I currently reside in De Huson, AR
2. lam the natural father of Ricky Alan Whisenhunt, who is now deceased.
3. | am the grandfather of his son, R.Jv.W., who currently resides in Biloxi,
Mississippi with his natural mother, Aleissa Rogers.
4. | am familiar with Donna Whisenhunt, as Special Administratix of the Estate of
Ricky Alan Whisenhunt, Deceased, v. John Munneke, M.D., Case No. CJ-2014-
28 in Oklahoma County District Court, which was filed by my wife, Donna
Whisenhunt.
5. | understand and agree to the terms of the settiementreached in C.J-2014-28.
6. 1 understand that under Oklahoma Wrongful Death Statute (12 O.S. § 1053), |
am a beneficiary of the settlement in CJ-2014-28.
7. | understand and agree that $20,715.35 will go to a Special Needs Trust for my
grandson, R.J.W..
8. lam in physically poor health and travel is extremely difficult for me.
9. 1 would like the Court to approve the portion of funds for R.J.W., as I believe it is
in his best interest and consistent with the desires of my son.
FURTHER AFFIANT SAYETH NOT.
Subscribed and swom to before me this_3_ day 17.
Ave
My Commission No. 1400 7732
Expires: QlashsAFFIDAVIT OF DIANA WALKER
state oF _{f ississippi
COUNTY oF ZJaekson
|, Diana Walker, of lawful age, state:
ss.
1. | am familiar with the allegations in Donna Whisenhunt, as Special Administratix
of the Estate of Ricky Alan Whisenhunt, Deceased, v. John Munneke, M.D.,
Case No. CJ-2014-28, Oklahoma County District Court, which is a wrongful
death case.
2. | am the natural maternal grandmother of R.J.W., a minor, whose father, Ricky
Alan Whisenhunt, is deceased.
3. J understand that | am not a beneficiary of any settlement proceeds from CJ-
2014-28,
4. My grandson, R.J.W., Currently resides in Biloxi, Mississippi, with my daughter,
Aliessa Rogers.
5. R.J.W.'s date of birth is XX-XX-2004.
6. | understand that a settlement has been reached in CJ-2014-28 and that
proceeds from that settlement will be deposited in a Special Needs Trust (“Trust”)
for my grandson, R.J.W.
7. (further understand that said funds cannot be withdrawn from the trust without a
court order or after my grandson reaches the age of majority.
8. | have consulted with an attorney to help establish the Trust for my grandson.
9. | will be appointed the Trustee for the Trust and understand my obligations as the
Trustee.
10. Based on all of the above, | request the Court approve the settlement, approve
the Trust, and approve my appointment as Trustee.
FURTHER AFFIANT SAYETH NOT. Co . yl)
Me J
tana hick
Diana Walker.
Subscribed and swom to before me this T day of feline nq, 2017.
Notary Public
My Commission No.
Expires:AFFIDAVIT OF ALEISSA ROGERS
STATE OF Tlississipp: )
)
COUNTY OF
Preview
*10 Via AMUN iN THE DISTRICT COURT OF OKLAHOMA COUNTY veuenrose STATE OF OKLAHOMA FEB 19 2997 CK DONNA WHISENHUNT, as Special 40 COURT ARREN Administratrix of the Estate of RICKY ALAN WHISENHUNT, Deceased Case No. CJ-2014-28 Judge Thomas Prince Plaintiff, vs. JOHN MUNNEKE, M_LD., an Individual INDEPENDENT MEDICAL EXAMINATIONS, LLC; ee SSS Defendants. MOTION FOR APPROVAL OF COMPROMISE SETTLEMENT COME NOW the parties hereto, showing the Court as follows: 1. The above-captioned matter and cause arises from the death of Ricky Alan Whisenhunt. 2. The parties have reached a compromise settlement. Plaintiff, Donna Whisenhunt, and the natural father of Ricky Alan Whisenhunt, Billy Whissenhunt, have agreed that a certain portion of the settlement should go directly to Ricky Alan Whisenhunt's son. Per this agreement, $20,715.35 will be paid to minor R.J.W. on behalf of Defendants by their liability insurance carrier, subject to Court approval. 3. Said proposed compromise settlement on behalf of minor R.J.W. is not to be construed as an admission of liability on behalf of Defendants, but is made for the purpose of compromising a disputed claim, in accordance with the agreement of the parties.4. Upon approval of the compromise settlement by the Court and payment thereof, the settlement funds will be deposited in a Special Needs Trust for minor R. J. W. The minor's maternal grandmother, Diana Walker, will act as the trustee. 5. Upon the payment of the settlement amount, Plaintiff and her attomey agree to file a dismissal with prejudice of this matter and cause, file a receipt of deposit with the Court, and further execute a release and indemnifying agreement in connection with the settlement. 6. Donna Whisenhunt, Billy Whisenhunt, Diana Walker, and Aleissa Rodgers, natural mother of minor R. J. W. each offer sworn testimony of their understanding of the agreement, and duties under the agreement by Affidavit attached as Exhibits 1-4 hereto. 7. The parties therefore request the settlement terms described be approved and adopted by the Court as being fair and in the best interest of minor R.J.W. WHEREFORE, the parties move the Court to determine if said compromise settlement on behalf of minor, R.J.W., is fair and in said minor's best interest and thereupon, to approve said compromise settlement. Respectfully submitted, Vor fect Travis §. Crocker, OBA #22402 117 N. Central Idabel, OK 74745 Telephone: (580) 286-6636 Facsimile: (580) 286-2163 travis.crocker@hotmail.com Attorney for PlaintiffSU Crmioly J. Roger Hurt, OBA #10858 Jacqueline M. McCormick, OBA #31640 PIERCE COUCH HENDRICKSON BAYSINGER & GREEN, LLP 1109 N. Francis Oklahoma City, OK 73126-0350 Telephone: 405/235-1611 Facsimile: 405/235-2904 rhurt@piercecouch.com imecormick@piercecouch.com Attorneys for DefendantsAFFIDAVIT OF DONNA WHISENHUNT STATE OF Oklahoma. ) ) COUNTY OF {71° Cartuin ) |, Donna Whisenhunt, of lawful age, state: ss. 1. Icurrently reside in DeQueen, AR 2. lam the natural mother of Ricky Alan Whisenhunt, who is now deceased. 3. 1am the grandmother of Ricky Alan's son, rw, who currently resides in Biloxi, Mississippi with his natural mother, Aleissa Rogers. 4. lam the Plaintiff in Donna Whisenhunt, as Special Administratix of the Estate of Ricky Alan Whisenhunt, Deceased, v. John Munneke, M.D., Case No. CJ-2014- 28, in Oklahoma County District Court, which is a wrongful death case. 5. l understand and agree to the terms of the settlement reached in CJ-2014-28. 6. | understand that under Oklahoma Wrongful Death Statute (12 O.S. § 1053), | am a beneficiary of the settlement in CJ-2014-28. 7. lunderstand and agree that $20,715.35 of the total settlement will go to a Special Needs Trust for my grandson, R.J.W.. 8. lam in physically poor health and travel is extremely difficult for me. 9. | would like the Court to approve the portion of funds for R.J.W., as | believe it is in his best interest and consistent with the desires of my son. FURTHER AFFIANT SAYETH NOT. Donna Whisenhunt Subscribed and swom to before me this_} dayof_Fe 2017. f os tL runt Notary Public” My Commission No. Expires: SlaneAFFIDAVIT OF BILLY WHISENHUNT STATE OF_Ok/lghoma. ) ) COUNTY OF _/7?!/yrhin —_) 1, Billy Whisenhunt, of lawful age, state: ss. 1. I currently reside in De Huson, AR 2. lam the natural father of Ricky Alan Whisenhunt, who is now deceased. 3. | am the grandfather of his son, R.Jv.W., who currently resides in Biloxi, Mississippi with his natural mother, Aleissa Rogers. 4. | am familiar with Donna Whisenhunt, as Special Administratix of the Estate of Ricky Alan Whisenhunt, Deceased, v. John Munneke, M.D., Case No. CJ-2014- 28 in Oklahoma County District Court, which was filed by my wife, Donna Whisenhunt. 5. | understand and agree to the terms of the settiementreached in C.J-2014-28. 6. 1 understand that under Oklahoma Wrongful Death Statute (12 O.S. § 1053), | am a beneficiary of the settlement in CJ-2014-28. 7. | understand and agree that $20,715.35 will go to a Special Needs Trust for my grandson, R.J.W.. 8. lam in physically poor health and travel is extremely difficult for me. 9. 1 would like the Court to approve the portion of funds for R.J.W., as I believe it is in his best interest and consistent with the desires of my son. FURTHER AFFIANT SAYETH NOT. Subscribed and swom to before me this_3_ day 17. Ave My Commission No. 1400 7732 Expires: QlashsAFFIDAVIT OF DIANA WALKER state oF _{f ississippi COUNTY oF ZJaekson |, Diana Walker, of lawful age, state: ss. 1. | am familiar with the allegations in Donna Whisenhunt, as Special Administratix of the Estate of Ricky Alan Whisenhunt, Deceased, v. John Munneke, M.D., Case No. CJ-2014-28, Oklahoma County District Court, which is a wrongful death case. 2. | am the natural maternal grandmother of R.J.W., a minor, whose father, Ricky Alan Whisenhunt, is deceased. 3. J understand that | am not a beneficiary of any settlement proceeds from CJ- 2014-28, 4. My grandson, R.J.W., Currently resides in Biloxi, Mississippi, with my daughter, Aliessa Rogers. 5. R.J.W.'s date of birth is XX-XX-2004. 6. | understand that a settlement has been reached in CJ-2014-28 and that proceeds from that settlement will be deposited in a Special Needs Trust (“Trust”) for my grandson, R.J.W. 7. (further understand that said funds cannot be withdrawn from the trust without a court order or after my grandson reaches the age of majority. 8. | have consulted with an attorney to help establish the Trust for my grandson. 9. | will be appointed the Trustee for the Trust and understand my obligations as the Trustee. 10. Based on all of the above, | request the Court approve the settlement, approve the Trust, and approve my appointment as Trustee. FURTHER AFFIANT SAYETH NOT. Co . yl) Me J tana hick Diana Walker. Subscribed and swom to before me this T day of feline nq, 2017. Notary Public My Commission No. Expires:AFFIDAVIT OF ALEISSA ROGERS STATE OF Tlississipp: ) ) COUNTY OF